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Colorado Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Colorado on
Q: What’s next on my AOS case from uscis? Does USCIS know that I have requested prosecutorial discretion?

Hello, I have filled AOS (I-485, I-130, I-131) on July 2022 with USCIS. USCIS denied I-131 due to pending removal proceedings ( pending removal case has not yet calendar for master calendar hearing). Applicant is in removal proceedings since 2020 due to not maintaining F1 status( we have requested... View More

James L. Arrasmith
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answered on May 13, 2024

Your case appears to be in a complex stage due to the combination of your adjustment of status (AOS) application and ongoing removal proceedings. Since your I-485 is awaiting final review, it's likely that USCIS is coordinating with the Executive Office for Immigration Review (EOIR) and ICE to... View More

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

1 Answer | Asked in Family Law, Immigration Law, Estate Planning and Probate for Colorado on
Q: I would like to know if I have the right of anything in my father's belongings

I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More

James L. Arrasmith
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answered on Feb 26, 2024

In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More

3 Answers | Asked in Immigration Law for Colorado on
Q: DACA extended parole

I am a DACA recipient can i get an extended parole to visit family in Mexico if it is for a wedding?

Roland Godfrey Ottley
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answered on Dec 23, 2023

I do not believe it would be a good idea for you to travel outside of the United States for that purpose, because it may not qualify for a reason to obtain advanced parole. In addition, you may be subject to the 3 or 10 year bar to returning to the USA, if you leave the United States after having... View More

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2 Answers | Asked in Immigration Law, International Law and Tax Law for Colorado on
Q: Should international students can invest in stocks in US or not?
James L. Arrasmith
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answered on Dec 12, 2023

As an international student in the United States, you have the opportunity to invest in stocks, but there are a few important considerations to keep in mind. Firstly, you must comply with the regulations set by the Securities and Exchange Commission (SEC) as well as any rules applicable in your... View More

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3 Answers | Asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado on
Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

You need to do a consult with an immigration attorney in Colorado. Here is some information that may help.

According to Colorado Gun Laws, you need to provide identification and pass a background check through a licensed firearms dealer or through the Colorado Bureau of Investigation...
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3 Answers | Asked in Immigration Law for Colorado on
Q: I am looking for a lawyer that can help and assist in the review process of my and my fiancés K1 Visa.
James L. Arrasmith
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answered on Nov 27, 2023

Finding a lawyer for assistance with your K1 Visa application process is a wise decision. You should look for an attorney who has experience in immigration law and is familiar with K1 Visa applications and procedures.

You can start by contacting the American Immigration Lawyers Association...
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1 Answer | Asked in Immigration Law for Colorado on
Q: If I’m travelling from Ireland to India holding an Indian passport, do I need to show my Irish visa on the airport?

Or they will just ask for my password and that’s all

James L. Arrasmith
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answered on Sep 21, 2023

Typically, when traveling from Ireland to India with an Indian passport, you would not need to show your Irish visa. Indian passport holders would usually be asked for their passport, relevant travel documents, and a valid visa for India upon arrival. However, it's essential to check the... View More

2 Answers | Asked in Immigration Law for Colorado on
Q: How long is the processing time (after submitting file) for a Canadian applying for a U.S. Travel Waiver approve/deny
T. Augustus Claus
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answered on Sep 1, 2023

Travel Waiver applications could range from several months to a year or more. However, these processing times can change, and it's essential to check the most up-to-date information provided by the U.S. Customs and Border Protection (CBP) or the U.S. Citizenship and Immigration Services... View More

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2 Answers | Asked in Immigration Law for Colorado on
Q: Hi, so I currently switched to an H1b visa from an F1 visa and my husband who’s doing his PhD now wants to apply for NIW

Would me being on the H1b visa affect his application?

I mean I switched to H1B from f2. My husband is on F1

James L. Arrasmith
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answered on Sep 7, 2023

Your change in status from F-2 to H1-B generally should not affect your husband’s National Interest Waiver (NIW) application as the NIW is focused on the applicant’s qualifications and the proposed endeavor’s benefit to the U.S. However, it may affect his ability to include you in the... View More

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1 Answer | Asked in Criminal Law and Immigration Law for Colorado on
Q: Can a person get deported if they have there green card and the person was charged with shoplifting about $20

of merchandise at Walmart. They were offered a $75 fine a class and 12 month open case without getting in any type of trouble then the case will close. If they do this can they still get deported?

If a case gets closed and a person only has to pay a fine and do a class does that also... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jul 25, 2023

Technically, yes, as even that may require a plea of guilty to a CIMT (a Crime of Moral Turpitude). It is imperative to retain a local defense counsel to handle that case properly.

1 Answer | Asked in Immigration Law for Colorado on
Q: If my child's CRBA/passport are not processed before we travel to the US, can my child enter the US on their foreign

passport of the foreign country they are also a citizen (father is foreign national)and await the CRBA and passport in the USA.

Does the CRBA have to be processed before they again US Citizenship?

James L. Arrasmith
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answered on Jul 6, 2023

If your child's Consular Report of Birth Abroad (CRBA) and passport are not processed before your travel to the US, it is advisable to contact the nearest US embassy or consulate for guidance. In some cases, your child may be able to enter the US using their foreign passport as a citizen of... View More

1 Answer | Asked in Immigration Law and Legal Malpractice for Colorado on
Q: Can I sue my employer's immigration lawyer for my PERM denial due to the mistake made by the law firm?

I worked for an organization for around 6 years on H1-B visa and my employer filed my PERM during the 5th year of my H1-B. My PERM got denied due to a mistake made by the law firm and I got terminated from the job due to visa max out. I changed my status to a different visa that doesn't allow... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

You bring out an interesting question, as you are not the client, but you are the third party beneficiary of the attorney-client relationship. I am aware of a case (in Nevada) that was lost on this issue, but it would need to be researched further and, in particular, your state's laws.

2 Answers | Asked in Immigration Law for Colorado on
Q: Regarding Form I-751, Petition to Remove Conditions on Residence. Trying to get status from USCIS

Been waiting 18 months now for USCIS to renew my step-daughter's green card. We started the process a few months before it was going to expire. She's now on a 24-month extension because of the pandemic slow-down.

Supposedly a letter was sent last week, but USCIS is saying the USPS... View More

James L. Arrasmith
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answered on Mar 19, 2023

You may submit a written inquiry to USCIS requesting information on the status of your step-daughter's Form I-751 application. There is not a specific form for this type of inquiry, but you should include the following information in your letter:

Your full name and contact information...
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5 Answers | Asked in Family Law, Immigration Law and Personal Injury for Colorado on
Q: Colorado can you petition for a jury trial in divorce
Rebecca Pescador
Rebecca Pescador
answered on Mar 8, 2023

No. Colorado does not permit jury trials for divorce matters.

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1 Answer | Asked in Immigration Law for Colorado on
Q: I applied as a supporter for my finance under the I-134a. Can I req a expited decision since passport expires on Aug2024

He a Cuban National who is Italy but has no permanent residency status. His passport expires this in august I’m concern that due volume it can take time to get a decision. Can I expited his case given the that he has no why to renew his passport

James L. Arrasmith
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answered on Feb 28, 2023

As a supporter for your fiancé's I-134 application, you can make a request for expedited processing if you have a valid reason. The fact that your fiancé's passport is expiring soon may be considered a valid reason, especially if it could cause significant hardship or delay in their... View More

1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Colorado on
Q: I'm a f1 student in the United States can I open an LLC to start getting commission from window sales as a door knocker?

I won't be in their payroll

James L. Arrasmith
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answered on Feb 19, 2023

Under the F1 visa, students are permitted to work in the United States, subject to specific conditions and guidelines outlined by the United States Citizenship and Immigration Service (USCIS). In order to maintain their status, F1 students must adhere to the terms and limitations of their visa.... View More

2 Answers | Asked in Immigration Law for Colorado on
Q: Can I use Advanced parole instead of waiting for the i-601a waiver to go to my interview in Dom. Rep.?

I am currently on DACA, 29 y/o and came into the US with Inspection in 2003. My mother filed an i-130 for me in 2014 and it was approved in 2015. I received the letter from the visa center in 2020 and filled out that application and paid the fees right away. I filed the waiver right away also and I... View More

Monica E Rottermann
Monica E Rottermann
answered on Feb 10, 2023

You did not state whether your mother is a United States citizen or a lawful permanent resident, which has significant bearing on the answer to your question, particularly as it appears you were under the age of 21 when she filed the I-130 petition. However, if you do need to apply for an... View More

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1 Answer | Asked in Immigration Law for Colorado on
Q: I’m i automatically a us citizen

Hey my mom got her naturalization when I was 15th years old but I was not a permanent resident. So she applied for me right after she got her citizenship and I got my green card when I was 19th and now when I was applying for a citizenship it says I may be already a us citizen because my mom was a... View More

Samuil Buschkin
Samuil Buschkin
answered on Nov 8, 2022

I would still consult an attorney but generally, these are the rules that apply:

In order for children to naturalize at the same time as their biological parent, they must meet all of the requirements below.

The child has at least one parent, including an adoptive parent who is a...
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1 Answer | Asked in Immigration Law for Colorado on
Q: My mom got naturalized before my 18th but I was overseas ?

My mom got naturalized before my 18th but I was overseas ?

Kevin L Dixler
Kevin L Dixler
answered on Nov 6, 2022

If she naturalized after your birth, then you must be lawfully admitted as a lawful permanent resident before your eighteenth birthday to derive citizenship through her. Normally, citizenship is derived at birth, but there is an exception for lawful permanent resident children admitted into the... View More

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